Adams Steel, LLC v. Caddell Construction Co., Inc. et al

Filing 35

ORDER granting 23 Motion to Stay; granting 26 Motion to Stay. Counsel is reminded to read the order in its entirety for critical deadlines and instructions. Signed by Senior Judge James C. Fox on 5/12/2011. (Edwards, S.)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No.5:1O-CV-599-F

THE UNITED STATES OF AMERICA,
for the use of ADAMS STEEL, LLC,
Plaintiff,
vs.

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ORDER

CADDELL CONSTRUCTION CO., INC.,
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TRAVELERS CASUALTY AND SURETY)

COMPANY OF AMERICA,
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and FIDELITY AND DEPOSIT
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COMPANY OF MARYLAND,
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Defendants.
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This matter is before the court on the Defendants' Motions to Stay and Compel
Arbitration [DE-23; DE-26]. On April 18, 2011, Plaintiff filed its Response [DE-34] to those
motions, indicating that it does not oppose the motions, and referred the court to a Consent Order
[DE-33] filed by Plaintiff on April 15, 2011, wherein all the parties to this action agree to stay
the action and participate in binding arbitration to be conducted in Montgomery, Alabama.
Accordingly, the tenns of the Consent Order [DE-33] are ADOPTED and
INCORPORATED herein. Defendants' Motions to Stay and Compel Arbitration [DE-23; DE­
26] are ALLOWED, and this action is STAYED pending arbitration of the issues herein. The
parties are DIRECTED to submit a status report of the arbitration proceedings no later than 90
days from the filing date of this order, and every 90 days thereafter, until such proceedings are
concluded.

SO ORDERED.

This the 12th day of May, 2011.

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